How can I help my spouse after they are convicted of a felony illegal re entry after removal? 4 Answers as of July 20, 2011

My husband was convicted in Federal Court this year with a felony for illegal re-entry after removal. I just filed I-129f in hopes of him being able to return while I-130 is pending. How do I find out what he will be inadmissable for? I understand I should file 601 and 212 waivers. Thank you for your response.

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Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: An alien who was properly ordered deported and then deported will ordinarily will have this deportation order re-instated if he returns to the United States after having been deported. Thus, any hopes of re-admission must be accomplished through a U.S. Consulate. There are certain bars to admissibility found at INA 212a9C that apply to aliens who have been deported and then return or attempt to return without permission that cannot be waived. Also, certain other grounds of inadmissibility found at INA 212 cannot be waived. I cannot schedule an appointment through email. Please call me to schedule an appointment.

You really need a lawyer to work for you on this case because his case is with Federal Court and he was caught for reentry after being deported. This is very serious. It is beyond immigration case. A waiver will not do. You should consult an immigration lawyer in person to evaluate your case.

It depends on the original crime that triggered the deportaion. If it was an aggravated felony and he was a permanent resident, NO. Otherwise, after 10 years staying in his home country, you will apply for applicable waivers. Nothing may be done for now.

Your spouse will not be eligible to re-apply for admission until after 10 years have passed. When that time comes, you/he will need to file an I-212 waiver; make sure it is well prepared. I don't know what the I-129F is going to help with. Are you trying to get the K-3 visa? Maybe you will get to the interview faster but he will still have to overcome INA 212 (a)(2)(C) bar. Good luck though.

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